Prevention of Future Deaths reports · 2022

Frederick King

Regulation 28 report to prevent future deaths, reference 2022-0363, written 15 Nov 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report15 Nov 2022
Reference2022-0363
DeceasedFrederick King
CoronerJenny Goldring
Coroner areaBerkshire
CategoryCare Home Health related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

REGULATION 28:  REPORT TO PREVENT FUTURE 
DEATHS   

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS  

THIS REPORT IS BEING SENT TO:  

1. The Care Quality Commission  

1   CORONER  

I am Jenny Goldring assistant coroner, for the coroner area of Berkshire  

2   CORONER’S LEGAL POWERS  

I make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 
and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013.  

3  

INVESTIGATION and INQUEST  

On 19th November 2021, an Inquest was opened into the death of Frederick Robert Peter 
King aged 78 years old. A pre-Inquest review was held on 21st April 2022.  
The Inquest commenced and evidence was heard on 14th and 15th September 2022.  
The Inquest was adjourned part heard due to the unavailability of a witness due to ill 
health and the need to obtain replacement evidence. The evidence continued on 10th 
November 2022 and the Record of Inquest was completed. The conclusion was a 
narrative conclusion with a rider of neglect.   

4   CIRCUMSTANCES OF THE DEATH  

Fred was a resident at the Birchwood Care Home in Newbury, Berkshire which was 
operated by the West Berkshire District Council. He had vascular dementia.   

He was admitted to the Royal Berkshire Hospital on 8th September 2021 and died on 9th 
September 2021 of an Acute Kidney Injury caused by dehydration.   

He did not receive adequate fluids in the 2 days prior to his death namely 985ml on 7th 
September 2021 and 770ml on 8th September 2021, when the recommended level for 
him was 1400ml, and the minimum level was 1200ml.   

I made a finding of neglect in the particular circumstances of this case, namely his high 
level of dependency (he could not feed or take fluid himself), the hot weather with outside 
temperatures of 26-30 degrees, the family concerns about his health not being recorded 
as conveyed to staff in the days prior to his admission.   

He was admitted to hospital on 8th September 2021 and given 3 litres of fluid, but he 
deteriorated and died on 9th September 2021. His death was contributed to by frailty and 
vascular dementia.    

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 5   CORONER’S CONCERNS  

During the course of the inquest the evidence revealed matters giving rise to concern. In 
my opinion there is a risk that future deaths will occur unless action is taken. In the 
circumstances it is my statutory duty to report to you.  

The MATTERS OF CONCERN are as follows.  –   

Inadequate record keeping in the Birchwood Care made it difficult to obtain the 

(1) Fred did not receive adequate fluid in the 2 days prior to his death (985 and 770 ml).  
There were also 10 days during August and September 2021 when Fred received less  
than the minimum level of fluid, he required namely 1200ml. This was in the context of 
very high temperatures in the week of his death.   
(2) 
relevant records for the Inquest and the records obtained were incomplete for example in 
terms of what recording timings of fluid provision, whether pads were wet/dry and also 
family concerns regarding health were not recorded and conveyed.   
(3) 
Fred’s death.  

There was no manager on the ground of the care home in the 3 days prior to 

6   ACTION SHOULD BE TAKEN  

I was informed  during  evidence and  in submissions  at the conclusion of  the Inquest as 
follows:  
• 

It was accepted that the record keeping had been inadequate. The data-keeping 
had been overhauled and there is now an electronic record system in place and 
no more paper records.   

•  There is now an electronic system in place for recording fluid intake called 

Nourish. This ensures that there are fluid targets. By virtue of a drop-down menu 
it requires timings for fluid given and whether pads are wet or dry.   

•  Complaints from families are recorded.  
•  Records are now audited by 4 different managers and fluid records are checked 

daily.   

•  There is also a full-time manager on the ground at the care home.   

I am satisfied that steps have been taken to improve the record keeping and the 
monitoring of fluid. However these systems are only as good as the data inputted and 
the audits conducted, and this will need to be kept under review.   
I am therefore drawing the above matters to the attention of the Care Quality  
Commission, aware that there have been recent inspections and a report issued on 25th 
August 2022 and aware that there will be future inspections.   

In my opinion action should be taken to prevent future deaths and I believe the Care 
Quality Commission has the power to take such action.   

7   YOUR RESPONSE  

You are under a duty to respond to this report within 56 days of the date of this report, 
namely by 10th January 2023. I, the coroner, may extend the period.  

Your response must contain details of action taken or proposed to be taken, setting out 
the timetable for action. Otherwise you must explain why no action is proposed.  

  
  
  
 
  
   
  
  
  
  
  
  
  
 8   COPIES and PUBLICATION  

I have sent a copy of my report to the Chief Coroner and to the following Interested 
Persons, the family of Frederick King and 
and to the West Berkshire District Council and Birchwood Care Home.  

, the Care Quality Commission 

I am also under a duty to send the Chief Coroner a copy of your response.   

The Chief Coroner may publish either or both in a complete or redacted or summary 
form. He may send a copy of this report to any person who he believes may find it useful 
or of interest. You may make representations to me, the coroner, at the time of your 
response, about the release or the publication of your response by the Chief Coroner.  

9  

15th November 2022                                               

Jenny Goldring  
Assistant Coroner for Berkshire

Responses

1 response published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.

Response from Care Quality Commission (PDF)
HSCA Further Information 
Citygate 
Gallowgate 
Newcastle upon Tyne 
NE1 4PA 

Telephone: 03000 616161
Fax: 03000 616171

www.cqc.org.uk

Berkshire Coroners’ Office 
Reading Town Hall 
Blagrave Street 
Reading  
RG1 1QH 

30/01/2023 

Care Quality Commission 

Dear Ms Goldring 

Prevention of future death report following inquest into the death of Mr Frederick 
King. 

Thank you for sending CQC a copy of the prevention of future death report issued 
following the death of Mr Frederick King. 

Further to your report referenced above, we are writing to you with our response to the 
issues raised. 

At the time of Mr King’s death, Birchwood Care Home had a rating of good in the safe, 
effective, caring and responsive domains and requires improvement in the well led 
domain. Please see the link to the comprehensive inspection report published in June 
2021: 

https://api.cqc.org.uk/public/v1/reports/431a2180-a602-4f75-bf39-
52921ff46e19?20211030120000  

In April 2022, prior to the conclusion of Mr Frederick King’s inquest, CQC conducted a 
further, focused inspection in response to concerns. Following this Birchwood Care 
Home was rated requires improvement in safe and inadequate in well led. Please see 
the following link to the report published 21 April 2022: 

https://api.cqc.org.uk/public/v1/reports/a2c76cb6-d280-414d-9c43-
5ef34e6489db?20220426120000  

During a follow up inspection conducted in July 2022, CQC rated Birchwood Care Home 
requires improvement in all domains. Please see the link to the report published 25 
August 2022: 

 
 
 
 https://api.cqc.org.uk/public/v1/reports/f95599f7-bc7e-4609-97f2-
e5129b59e250?20220825120000  

In your report you stated the following matters of concern: 

•  Mr King did not receive adequate fluids in the days prior to his death and on 10 
days during August and September during a period of very high temperatures 
•  There was inadequate record keeping at Birchwood Care Home with regards to 

Mr King’s fluid intake and output and whether pads were wet or dry. 

•  There was no manager on the ground of the care home in the 3 days prior to Mr 

King’s death.  

We sent an urgent letter to the provider West Berkshire Council to confirm CQC had 
received the regulation 28 report and asked them to set out in writing evidence of the 
actions they had taken to date following this death and any additional action they 
intended to take in response to the prevention of future death report. We received a 
detailed response from the provider. We are satisfied the provider has taken sufficient 
action according to section 6 of the regulation 28 report to mitigate risks to people and 
prevent future deaths.  

We are keeping the service under review and will be returning for a follow up 
comprehensive inspection to assess their progress by 25 August 2023. When services 
are rated requires improvement CQC requests an action plan from the provider to 
understand what they will do to improve the standards of quality and safety. We work 
alongside the provider and local authority to monitor progress and we continue to 
monitor information we receive about the service, which will help inform when we next 
inspect. At the next inspection of Birchwood Care Home the inspection team will assess 
whether the provider is meeting legal requirements under the regulations of the Health 
and Social Care Act 2008 (Regulated Activities) Regulations 2014 as well as the Health 
and Social Care Act 2008 (Regulated Activities) Regulations 2010 (‘Regulated Activities 
Regulations 2010’) and the Care Quality CQC (Registration) Regulations 2009 (‘the 
Regulations’) which set out the essential standards of quality and safety that service 
users have a right to expect.  

In addition, we will consider the circumstances which led to the death of Mr Frederick 
King in accordance with our Enforcement Policy to determine whether we need to 
pursue criminal or civil enforcement action. Our civil enforcement powers include; 

Issuing a warning notice; 
Impose, vary, restrict or remove a condition from the provider’s registration; 

• 
• 
•  Suspend registration; or 
•  Cancel registration. 

 
 
 
 
 If you have any further questions or concerns, please do not hesitate to contact us on 
the above number. 

Yours Sincerely 

Deputy Director Operations 

ASC South Central

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